Prenda Law Inc. is essentially finished.

Sometimes there are no words other than silence to best express the thoughts I have about Judge Wright’s order essentially referring John Steele and the Prenda Law Inc. gang to the IRS’ Criminal Investigation Division (CID) for all the settlements on which no taxes were paid. There is one police agency that a criminal organization does not want to be contacted by, and that is the CID.

The $81K in sanctions essentially funds the lead attorneys who spent time on this case. And, the referral to the bar associations means that the principals at Prenda Law Inc. may no longer have their law licenses shortly.

In sum, there is not much for me to comment here, except to be silent, because the judge’s order itself says all it needs to. Copyright trolling may seem profitable for the attorneys filing the lawsuits, but no money can compensate for the loss of freedom that one experiences when what was once a multi-million dollar law practice lands the principles in prison for tax evasion. This should be a lesson to all other copyright trolls out there. Judge yourselves accordingly.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

    NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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    The 12 minute hearing and the end of Prenda Law Inc.

    While the Cashman Law Firm, PLLC and its clients were celebrating “freedom,” I am sure some of my readers will be wondering the fate of Prenda Law Inc. / Steele Hansmeier, PLLC / John Steele / Paul Duffy / Mark Lutz / Brett Gibbs et al. after their hearing today before Judge Wright.  Today was the big day where the world of those who have been injured by Prenda Law Inc.’s activities looked on to see their demise.

    In sum, the hearing was short, and John Steele and his “gang” showed up as they were ordered to, but they decided to plead the Fifth Amendment to the United States Constitution rather than answer Judge Wright’s questions.  As a result, the judge did not allow them the pleasure of “pleading the fifth” as he appears to have no interest in lawyer gamesmanship.  Thus, after 12 minutes, he walked off the bench and ended the hearing.

    While there was no immediate gratification for those who flew over to attend the hearing, in my opinion, “Popehat” described their fate better than I ever could:

    “Prenda Law may still be standing. But it’s dead.”

    I would be very surprised if I saw any further activities coming from this law firm. I expect that in a few days (if not sooner), Judge Otis Wright will write an order which will make any copyright troll shake in their boots, and it is my hopes that this order will serve as a warning shot to any of the other copyright trolls who go after individual downloaders using the tactics and corporate structures that Prenda employed.

    It is my opinion (although I *am* still cautious until I actually see Judge Wright’s order,) this will likely be the end of Prenda Law Inc., John Steele, and Paul Duffy, as I expect that this will evolve into inquiries which will endanger their law licenses. I don’t think we’ll see the end of them, per se, as it is not so difficult to find a hungry lawyer who will agree to have his hand held while he lets others practice under his law license in the shadows.

    On the other hand, I believe the result of this case (and Judge Wright’s influence over the the future penalties of unlawful copyright enforcement tactics) will force the bittorrent cases to evolve from its current state (which comprise mere pre-trial settlement “or else” tactics) to actually taking clients to court on the merits.  Also, while the inquiry in this case surrounded plaintiff copyright trolls who “invent” corporate figureheads, who seem to falsify copyright assignment documents, and who structure their business tactics to allow their activities to proceed with limited affects on the attorneys furthering their scheme) no doubt, this will be a damaging blow to those copyright holders who try to enforce their copyrights against individual downloaders.

    Articles on the topic:
    Forbes: Porn Copyright Lawyer John Steele, Who Has Sued More Than 20,000 People, Is Now The One In Legal Trouble

    ArsTechnica: Prenda lawyers take Fifth Amendment; judge storms out: “We’re done” — Those in attendance describe Judge Otis Wright as “incandescently angry.”

    TechDirt: Team Prenda Shows Up In Court, Pleads The Fifth… Angry Judge Ends Hearing In 12 Minutes

    TorrentFreak: Prenda Copyright Trolls Plead the Fifth

    Fight Copyright Trolls (SJD): Prenda trolls appear in Judge Wright’s courtroom only to plead the Fifth. Furious judge ends the hearing after 12 minutes

    Follow-Up Articles:

    ArsTechnica: Judge smash: Prenda’s porn-trolling days are over

    Popehat: Prenda Law’s Attorneys Take The Fifth Rather Than Answer Judge Wright’s Questions


    CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

      NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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      TorrentLawyer: Thoughts about the effects from Monday’s sanctions hearing.

      A number of interested readers have wondered what my opinion was about Monday’s sanctions hearing against Prenda Law Inc., Brett Gibbs, John Steele, Paul Hansmeier, and the others [Case Cite: Ingenuity 13 LLC v. John Doe, Case No. 2:12-cv-08333, in the California District Court (Case Documents “Recap’d” here)]. Quite frankly, I read the #Prenda Twitter stream throughout the day just as many of you did.

      Up front, there were some pretty good articles on the event, and as far as I am concerned, there is nothing substantive that I can add to what has already been written. I advise anyone affected by the AF Holdings, LLC cases (or any of Prenda Law Inc.’s so-called “trusts”) to read the following articles:

      IN ORDER OF APPEARANCE:

      In sum, it is my opinion that whatever the result, there was a lesson taught — that copyright trolls are not “above the law,” so to speak. As far as the effect of Monday’s hearing, we will not know the effect until we read Judge Wright’s order (which we do not expect to see for a few days). However, as for the applicability, the ruling will apply nationwide, and no doubt every court which hears their cases will probably receive a copy of the order.

      There is a lot of mention of “trusts” when it comes to the Steele|Hansmeier organization.  I have a “love-hate” relationships with trusts. They form a wonderful legal alter-ego function when it comes to protecting assets and benefiting third party beneficiaries. However, in scenarios like this, I believe they are tools to break the law and hide from responsibility. The problem here is that I’m not so sure Steele and Co. could pull off having a trust without it being broken by the courts.

      From what I have read, it is my opinion that there is too much involvement in the trust by all parties, and putting it simply, keeping the classic definition and rules of a trust, I’m not sure they’ve done it in a way which could withstand scrutiny. For example, I’m not sure who the grantor is, who the grantee (receiver of assets) is, and for which beneficiary or purpose was the trust formed. Are there any documents relating to the formation of the trust?  Are there any filings anywhere relating to the trust?  Also, who is the trustee who is in charge of directing and managing the funds of the trust? I would be worried of the parties mishandling the movement of the funds (the trust assets), and this is where they may get busted for playing the trust game… not to mention that I hear that nobody has filed taxes on this income and all the members are U.S. citizens? I can’t believe no taxes have been filed or paid, because if not, the IRS would be after them for tax evasion (and I have heard nothing of the sort happening).

      As far as the Hansmeier deposition that nobody gets paid and that every lawyer gratuitously works for free without receiving an income, I call BS on that statement. It appears to me that he is playing semantics with the term “income” according to the tax code, and he can get in trouble the way he has maybe misused the term. No lawyer, as wonderful as any of them might be, would work for “no income.” Even Brett Gibbs. I assume there is some foreign trust account set up for each of them into which funds get deposited on a regular basis. And, those “offshore trusts” need to pay taxes just like any other legal entity.

      My sadness from Monday’s events stem from the fact that Steel/Hansmeier/Duffy clan staying out of court was a very smart move. By staying as far away from the court as possible, Judge Wright was unable to swear them in, and he was unable to take their [what would likely have been incriminating] testimony. If he sanctions them, if he orders a bench order for their arrest (not likely), or if he does something to them, from a distance [and out of jail], they can easily appeal any order the judge makes, essentially eviscerating any legal authority Judge Wright may show.

      I mentioned to a few other lawyers how queasy attorneys get when a judge speaks strong words. However, we all have been watching these cases for almost THREE YEARS NOW (come June), and I have never seen a judge do any damage to a copyright troll. Even Evan Stone, the prolific copyright troll out of Dallas, Texas — for sending subpoenas out before the judge gave authorization to do so, he was only sanctioned $10,000 (essentially one day’s income for Steele, according to Alan Cooper’s testimony, or three of Evan Stone’s settlements).

      At the end of the day, unless the result of this hearing is a state bar disciplinary hearing (or more seriously, a criminal investigation if there was indeed “fraud” in the legal sense), and unless some lawyers lose their licenses, there will be no deterrence from Prenda Law Inc. (or any other copyright troll) thinking twice about their actions, and copyright trolling lawsuits will grow exponentially until enough people cry out, “this must be stopped!”

      UPDATE (3/14/2013):

      SJD reports that Judge Wright has ordered the Steele|Hansmeier gang to appear on 3/29/2013 based on “their pecuniary interest and active, albeit clandestine participation in these cases” (emphasis added).  He continues that “Not only does [their motion not to appear] lack merit, its eleventh-hour filing exemplifies gamesmanship”  (emphasis added).  Wow.  Further, the judge expanded his inquiry to impose sanctions not only to the original masterminds of these lawsuits, but to the so-called entities who are supposed to be separate and apart from their operation (they’re not).  He called Livewire Holdings LLC, and 6881 Forensics, LLC to be present at the hearing.  Now if these entities will be represented by the same Steele / Hansmeier / Duffy / Lutz characters (Hansmeier’s deposition already pegged paralegal Lutz as the CEOs of a number of these entities), this will look very bad for them.

      NOTE: A commenter referred to this article (or me) as a “buzzkill,” and that got a good laugh out of me.  If you knew how much my reporting on these blogs represented how dull I sometimes am in real life, the humor of that comment is pretty on-point.  On this note, however, if you read Judge Wright’s order carefully, again, he’s only threatening sanctions.  Even if he imposes $1 million dollars in sanctions, I cannot imagine Steele and the others would pay it.  After all, they technically don’t “own” that money that is in the various trusts (#sarcasm).

      Also see:


      CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

        NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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        Borrowing the analogy from SJD: “The Steele Snake Changes Its Skin Once Again.”

        Don’t get excited.  Prenda Law Inc. appears to be dead… just like Steele|Hansmeier, PLLC was dead last year (November 18th, 2011), and just like Steele Law Firm, PLLC was dead the year before…  Their new name will be called the Anti-Piracy Law Group.”

        I would joke around and say that these guys don’t want to file their tax returns so every year they shut down their entity and open up a new one.  Joking aside, it is my opinion that the reason they keep changing their name is to evade the courts’ recognition of their copyright trolling business strategy because the tough lesson they have learned is that their firm’s bad name follows their lawsuits.

        If you receive a notice from your internet service provider (ISP) containing a subpoena for copyright infringement, or if you receive a “scare” letter directly from the Anti-Piracy Law Group or one of their local counsel, do not be scared.  It is still the same John Steele / Paul Duffy Illinois racket foisting the same copyright trolling scam on us taxpayers.  As Sophisticated Jane Doe put it in her article, this is merely an example of a snake changing its skin… yet again.

        While John Steele’s “WeFightPiracy.com” website is still up, their “Prenda Law Inc.” entity according to the Illinois Secretary of State’s page is “NOT IN GOOD STANDING.”  I too don’t think this will change.  To get a glance at their new website which is looking for a home (note, “www.antipiracylawgroup.com” has already been registered by someone else), you can visit what the new site will likely look like at http://wefightpiracy.org.previewdns.com/about-us/.

        There is really not much else to say, except that I hear people are getting “scare” letters in the mail with the “Anti-Piracy Law Group” name on the letterhead.  If you are one of these recipients, just know that the game has not changed.  Everything is EXACTLY the same as it was when it was Prenda Law Inc., just as it was when it was Steele Hansmeier, PLLC, just as it was when it was Steele Law Firm, PLLC.  No changes.  No criminal charges.  No disbarments… yet.

        ON A PERSONAL NOTE:  Their new “Anti-Piracy Law Group” name is quite official sounding.  I wonder if next year they’ll have the gall to call themselves the U.S. Copyright Group (oh yeah, that’s been done already by other copyright trolls), because choosing scary-sounding names and changing them as soon as the courts catch on to their scam seems to be their modus operandi these days.


        CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

          NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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          Cashman Law Firm, PLLC clients had notice that the MCGIP v. Does 1-316 case was about to crack.

          We at the Cashman Law Firm, PLLC hereby congratulate our clients who have been dismissed from the MCGIP, LLC v. Does 1-316 (1:10-cv-06677) case in the US District Court for the Northern District of Illinois. We can actually thank John Steele for this dismissal, as he is the one who dismissed the defendants on his own, apparently without any coercion from the judge.

          While this dismissal might be news for most, our clients received a heads up e-mail from our firm on June 22nd, 2011 that the MCGIP case was likely going to crack. Read on if you are interested in an interesting connect-the-dots story…

          On June 14th, John Steele of Steele Hansmeier, PLLC sent out a huge number of “scare” letters demanding settlement payments. The timing seemed odd to me, especially since the judge in the MCGIP case wrote an order siding with John Steele on a whole number of issues just a few days before his letters were sent out (June 9th).

          In Judge Kendall’s June 9th order, she relied heavily on the Donkeyball Movie, LLC v. Does 1-171 case (then pending in DC). In addition, in supporting Steele, she cited in a number of places to the Call of the Wild Movie, LLC v. Does 1-1062 (“COTW”) case (also pending at the time in DC).

          Coincidentally, on June 14th — the same day Steele drafted and sent these scare letters — the Donkeyball case was dismissed in its entirety, and the COTW case (again, almost 1,000 defendants large) had all but 14 defendants dismissed.

          Immediately seeing this connection between the dismissals in the DC cases and the judge’s reliance on those now dismissed cases, we at the Cashman Law Firm, PLLC sent a notice to our clients giving them the heads up that the DC case support Judge Kendall relied upon just fell apart.

          Now, less than a month later, (for most defendants, at least) the case is over. The dismissal was by Steele himself rather than the court which means that he can still file against defendants in their home states. That being said, for now, please enjoy your victory.

          I have pasted the dismissal letter dismissing all defendants, along with the Exhibit A identifying which of the Doe defendants are still under threat of being named in this lawsuit.

          [scribd id=59893504 key=key-vvg160lg326eo6wcjjy mode=list]

          …and Exhibit A identifying those defendants who still can be named and sued in this case.

          [scribd id=59893880 key=key-1bb1juxg57a36259wul7 mode=list]

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